Perth Damage Offences

CRIMINAL DAMAGE – s 444

Criminal damage is the unlawful destruction or damage of property without consent. This charge comes with the possibility of serious punishment. To ensure the best outcome and to bolster your defence case, please contact our office as soon as possible.

• Penalties for criminal damage can be up to 10 years’ imprisonment, or up to 14 years if the offence is committed in circumstances of racial aggravation Code s 444(1)(b); The penalty increased to life imprisonment if fire is the method of destruction:
  • In WA, it is also an offence to cause property damage by way of omission to act, but only if there is a breach of an established duty to act
• To be guilty of this offence, it must be proven that you wilfully damaged property
  • If charged with Criminal Damage, this may form a strong part of your defence
• Other defences:
  • Accident
  • Duress (you were forced to commit the offence),
  • Necessity,
  • Self-defence,
  • Insanity,
  • Mistaken identity

Damaging Property

• s 445 Criminal Code - A person who unlawfully destroys or damages the property of another person without that other person’s consent is guilty of an offence and is liable to imprisonment for 2 years and a fine of $24 000.
• This offence does not require intent.
• Possible Defences:
  • Duress
  • Necessity,
  • Insanity,
  • Mistaken identity
  • Accident